Terms & liability waiver

(i) No banking or escrow services. ProServiceBid is an online marketplace and project-workflow tool. ProServiceBid is not a bank, licensed escrow agent, money services business or money transmitter, and does not take title to or custody of project funds. "Escrow" on the platform describes funds held by our payment processor until release conditions are met.

(ii) Payment processor. Card processing, funds holding and contractor payouts are provided by Stripe, Inc. and its affiliates ("Stripe") through Stripe Connect, subject to the Stripe Connected Account Agreement and Stripe Services Agreement. By funding or accepting a project you agree to the applicable Stripe terms.

(iii) Limited agent. Each Contractor appoints Stripe (and ProServiceBid, only to send release and refund instructions to Stripe) as the Contractor's limited payment collection agent to receive project funds from the Customer. Receipt of funds by Stripe satisfies the Customer's payment obligation for that project or milestone.

(iv) Tax reporting. Stripe and ProServiceBid may collect taxpayer information (such as Form W-9) and file required IRS information returns, including Form 1099-K or 1099-NEC.

(a) Mandatory process. If a Customer and a Contractor disagree about project scope, quality, completion or payment, both agree to first use ProServiceBid's in-platform dispute process before pursuing any outside legal action or payment chargeback. A dispute may be opened on the job page after a job is awarded and funded, and before funds are released or refunded.

(b) Escrow freeze. Opening a dispute immediately freezes all held funds and pauses milestone releases and job completion until ProServiceBid resolves or dismisses the dispute. No interest accrues on held funds, and ProServiceBid is not liable for payout delays during a review.

(c) Evidence & timelines. Disputes should be supported by photos and reference in-platform messages or signed work orders. Each party has five (5) business days from notice of a dispute to submit their written account and evidence. ProServiceBid will not consider unverified verbal or off-platform agreements. If a party does not respond within five (5) business days, ProServiceBid may decide based only on the information it has.

(d) Administrative authority. ProServiceBid acts as a neutral holder of the funds. It does not provide legal arbitration, engineering or building inspection services. Its decision is limited to the funds held on the platform: refund the Customer, release payment to the Contractor, or dismiss the dispute so the job continues.

(e) Chargebacks. Customers agree not to file a payment dispute or chargeback with their card issuer or bank while a dispute is open or after a good-faith decision. A chargeback in violation of this section is a breach of these Terms and may result in immediate account suspension and liability for dispute fees and recovery costs. ProServiceBid may share project records, messages and signed documents with its payment processor to respond.

(f) Limitation of liability & interpleader. Both parties release ProServiceBid from liability related to its good-faith handling of disputed funds. If conflicting legal demands are made, ProServiceBid may deposit the disputed funds with an appropriate court and deduct its reasonable legal expenses and court costs from those funds.

(a) "As is" and "as available." The platform and all matching tools, messaging, estimates and badges are provided "as is" and "as available" without warranties of any kind, express, statutory or implied, including merchantability, fitness for a particular purpose, non-infringement or workmanship.

(b) Contractor acts and omissions. ProServiceBid does not control the performance, scheduling, manner, means, tools, permits, materials, safety practices or code compliance of any work. ProServiceBid disclaims all liability for: (1) bodily injury, illness or death at or caused by a project; (2) property damage, structural failure, water intrusion, fire, theft or latent defects; (3) a contractor's failure to obtain required permits, inspections, licenses or insurance; and (4) any mechanic's, materialman's or subcontractor's lien filed against a Customer's property.

(c) Badges. "Verified," "Founding Pro" and similar badges reflect only a point-in-time review of documents a contractor submitted. They are not an endorsement, background check, safety audit or ongoing monitoring. Customers are responsible for confirming credentials before work begins.

(d) Cap on damages. To the fullest extent permitted by Georgia law, ProServiceBid and its officers, directors, employees, staff and agents are not liable for any indirect, incidental, special, punitive or consequential damages (including lost profits or loss of use). ProServiceBid's total liability for any claim is limited to the lesser of (i) the platform fees ProServiceBid actually received and kept from the project giving rise to the claim, or (ii) five hundred U.S. dollars ($500).

(e) Indemnification. You agree to defend, indemnify and hold harmless ProServiceBid and its officers, employees and agents from any third-party claims, losses, damages and legal fees arising from: (1) your breach of these Terms; (2) your violation of any law, building code or third-party right; (3) any project you post, bid on, award or perform; or (4) any injury or property damage caused by you or your subcontractors.

Please read this section carefully. It affects your legal rights and requires most disputes to be resolved through individual arbitration rather than in court.

(a) Informal resolution first. Before starting arbitration, you and ProServiceBid agree to send written notice of the dispute to legal@proservicebid.com and try in good faith to resolve it informally for at least thirty (30) days.

(b) Agreement to arbitrate. If informal efforts fail, any dispute, claim or controversy arising out of or relating to these Terms, the platform, payments or marketplace transactions between you and ProServiceBid will be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (for consumers) or Commercial Arbitration Rules (for business users), rather than in court. Disputes between Customers and Contractors over a project are handled first through Section 11.

(c) Governing law & seat of arbitration. These Terms are governed by the laws of the State of Georgia, without regard to its conflict of law rules, and by the Federal Arbitration Act (9 U.S.C. §§ 1–16). Unless both parties agree otherwise in writing, arbitration will be seated in the State of Georgia and may be conducted remotely by telephone or video under applicable AAA rules.

(d) Class action & jury trial waiver. YOU AND PROSERVICEBID MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims of more than one person or preside over any class or representative proceeding. Both parties knowingly waive any right to a jury trial.

(e) Small claims & injunctive relief. Either party may bring an individual action in any court of competent jurisdiction in the State of Georgia, including a magistrate or small claims court, for claims within that court's monetary limits, or to seek emergency injunctive relief to protect intellectual property or confidential information.

(f) 30-day opt-out. You may opt out of this arbitration agreement by emailing legal@proservicebid.com within thirty (30) days of first creating your account or accepting these updated Terms. Include your full legal name, account email, phone number and a clear statement that you are opting out. Opting out does not affect any other part of these Terms.